A JURY who will today try to decide if two men are guilty of attempting to murder a Swindon builder has been warned to be wary of the victim's evidence.
The Honourable Mr Justice Jack cast doubt over the character of Vincent MacNamee who was stabbed and bottled when a gang burst into a house in Swindon in a row over a woman.
The judge told the court to bear in mind any grudges Mr MacNamee, 39, may be holding against those accused of the crime.
The defence counsel has repeatedly portrayed Mr MacNamee as a drug dealer, but while he admits having used heroin and crack cocaine, he denies ever selling drugs.
The judge said: "In judging his evidence remember that on his own evidence he awoke to the attack from a deep sleep.
"Remember that what he said and what he now remembers will have been done by him in a heavily drugged state.
"Remember the animosities and grudges that he may have and the type of man he may be.
"He was asked about his income and he wouldn't say.
"So you will want to approach his evidence with some caution."
The judge also questioned the integrity of one of the prosecution's key witnesses.
The owner of the flat where the attack took place, Edward MacDonald, initially told police he had not seen anything.
But under cross examination in court he said he had seen one of the defendants, Gary Peapell, making stabbing actions with a knife.
The Honourable Mr Justice Jack said: "It is clear from the evidence of the police that he wanted to conceal from them that the attack had taken place in his flat.
"Consider the evidence of Mr MacDonald about seeing, during the course of the incident, Gary Peapell making stabbing motions.
"You may recollect during his cross examination that his seeing that wasn't in either his statement or his recorded interview and that in these he was making it clear that he didn't see Vincent MacNamee being stabbed.
"Again feel cautious when you consider what he had to say."
Tony Salvatori, 39, of County Road and Peapell, 26, formerly of Beechcroft Road, are charged with attempted murder and wounding with intent while Amanda Bailey, 38 of Bracknell and Paul Moss, 38, of Cottingham Close, Freshbrook are charged with assisting an offender.
Douglas Thompson, 42 of Victoria Road, had his charge of attempted murder dropped due to lack of evidence but still faces a charge of wounding with intent, while Anthony Walsh, 26, of Primrose Hill, Haydon Wick, had charges of attempted murder and wounding with intent dropped last week. All plead not guilty to all charges.
Gareth Bethell
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